Despite the recent interest in adopting HTML5's video tag, there is still one major problem: there is no mandated standard video codec for the video tag. The two main contestants are the proprietary and patended h264, and the open and free Theora. In a comment on an LWN.net article about this problematic situation, LWN reader Trelane posted an email exchange he had with MPEG-LA, which should further cement Theora as the obvious choice.

MPEG LA just said that, with H.264, end users are just as liable as providers for unlicensed video fees.

And you believe them? Of course they say that, because they want to make more money. Whether users are liable or not depends on the jurisdiction, not on what MPEG LA members say. MPEG LA are not above the law.